Munna Babu Shakya vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:26751
1 WA-2947-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
&
HON'BLE SMT. JUSTICE ANURADHA SHUKLA
st
ON THE 1 OF SEPTEMBER, 2026
WRIT APPEAL No. 2947 of 2026
MUNNA BABU SHAKYA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Akhilesh Gautam and Shri Aniket Pratap Singh Rathore, Advocate for
appellant.
Shri G.K.Agarwal, Govt. Advocate for respondents/State.
ORDER
Per: Justice Gurpal Singh Ahluwalia
This writ appeal, under section 2(1) of the M.P. Uchcha Nyayalaya (Khand
Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed against the order dated
23/7/2026 passed by learned Single Judge in W.P. No.45047/2025.
2. The appellant filed W.P. No.45047/2025 seeking the following reliefs:-

"1. That, the respondent be directed to release the amount of
Rs.8,50,000/- forthwith or to pass any suitable order for ensuring the
substantial justice.
2. That, the cost of the litigation may also be awarded.
3. Any other relief which this Hon'ble Court deem fit in the facts and
circumstances of the case may kindly be granted to the petitioner."

3. It is the case of appellant that the wife of the appellant's brother Rakesh
allegedly had an illicit relationship with one Samarjeet Yadav. Accordingly,
Rakesh committed suicide by drowning. An offence under Section 306 read with
Section 34 of the IPC was registered against the wife of deceased, namely
Sangeeta and Samarjeet Yadav. A charge sheet was subsequently filed before the
Signature Not Verified
Signed by: ANAND
SHRIVASTAVA
Signing time: 09-09-2026
11:36:41

NEUTRAL CITATION NO. 2026:MPHC-GWL:26751
2 WA-2947-2026
competent Court, and charges were framed against them by the learned trial Judge.

4. During the pendency of trial, accused persons filed a petition under
Section 482 of the Cr.P.C seeking quashment of FIR and the charge sheet. The
said petition was registered as M.Cr.C. No. 7331 of 2022, which was allowed by
order dated 04.01.2023 passed by the learned Single Judge, thereby quashing the
FIR as well as the consequential criminal proceedings arising out of Crime No.
198 of 2019, registered at Police Station Pichhore, District Gwalior, for offences
punishable under Section 306 read with Section 34 of the IPC and under Section
3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act (for short "the Act"). It is the case of appellant that since the case was
registered under the provisions of the Act, therefore, the appellant, being the real
brother of the deceased, is entitled for compensation under the applicable rules,
and thus the writ petition was filed.
5. The learned Single Judge dismissed the writ petition by holding that the
core object of providing financial relief or compensation under Rule 12 of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, is
to rehabilitate victims of atrocities. However, the entitlement to such relief is
intrinsically linked to the commission or prima facie establishment of an offence
under the Act. It was also held that once the FIR and the consequential criminal
proceedings were quashed on the ground that even if the entire allegations are
accepted, still no prima facie case for abetment would be made out, then the very
foundation on which the claim for compensation rests has ceased to exist in the
eye of law.
6. Challenging the order passed by the learned Single Judge, it is submitted
by counsel for the appellant that since the victim is entitled for compensation on
Signature Not Verified
Signed by: ANAND
SHRIVASTAVA
Signing time: 09-09-2026
11:36:41

NEUTRAL CITATION NO. 2026:MPHC-GWL:26751
3 WA-2947-2026
account of the commission of offence against a member of the Scheduled

Caste/Scheduled Tribe, therefore, the appellant, being the real brother of the
deceased who committed suicide on account of abetment is entitled for
compensation as provided under Rule 12 of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Rules, 1995 (for short "the Rules of 1995").
7. Considered the submissions made by counsel for appellant.
8. Rule 12 of the Rules of 1995 reads as under:-

12.Measures to be taken by the District Administration
(1) The District Magistrate and the Superintendent of Police shall visit
the place or area where the atrocity has been committed to assess the
loss of life and damage to the property and draw a list of victims, their
family members and dependents entitled for relief.
(2) Superintendent of Police shall ensure that the First Information
Report is registered in the book of the concerned police station and
effective measures for apprehending the accused are taken.
(3) The Superintendent of Police, after spot inspection, shall
immediately appoint an investigating officer and deploy such police
force in the area and take such other preventive measures as he may
deem proper and necessary.
(4) The District Magistrate or the Sub-Divisional Magistrate or any
other Executive Magistrate shall make necessary administrative and
other arrangements and provide relief in cash or in kind or both within
seven days to the victims of atrocity, their family members and
dependents according to the scale as provided in Annexure – I read
with Annexure –II of the Schedule annexed to these rules and such
immediate relief shall also include food, water, clothing, shelter,
medical aid, transport facilities and other essential items.
(4A) For immediate withdrawal of money from the treasury so as to
timely provide the relief amount as specified in sub-rule (4), the
concerned State Government or Union territory Administration may
provide necessary authorisation and powers to the District Magistrate.
(4B) The Special Court or the Exclusive Special Court may also order
socio-economic rehabilitation during investigation, inquiry and trial, as
provided in clause (c) of sub-section 6 of section 15A of the Act.
(5) The relief provided to the victim of the atrocity or his/her dependent
under sub-rule (4) in respect of death, or injury or rape, or gang rape,
or unnatural offences, or voluntarily causing grievous hurt by use of
acid, or voluntarily throwing or attempting to throw acid etc. or damage
to property shall be in addition to any other right to claim compensation
respect thereof under any other law for the time being in force.
(6) The relief and rehabilitation facilities mentioned in sub-rule (4)
above shall be provided by the District Magistrate or Sub-Divisional
Magistrate or any other Executive Magistrate in accordance with the
Signature Not Verified
Signed by: ANAND
SHRIVASTAVA
Signing time: 09-09-2026
11:36:41

NEUTRAL CITATION NO. 2026:MPHC-GWL:26751
4 WA-2947-2026
scales provided in the Schedule annexed to these Rules.
(7) A report of the relief and rehabilitation facilities provided to the
victims shall also be forwarded to the Special Court or Exclusive
Special Court by the District Magistrate or the Sub-Divisional
Magistrate or the Executive Magistrate or Superintendent of Police. In
case the Special Court or Exclusive Special Court is satisfied that the
payment of relief was not made to the victim or his/her dependent in
time or the amount of relief or compensation was not sufficient or only
a part of payment of relief or compensation was made, it may order for
making in full or part the payment of relief or any other kind of
assistance.


9. According to Rule 12(4), the District Magistrate or the Sub-Divisional
Magistrate or any other Executive Magistrate has to make necessary
administrative and other arrangements and provide relief in cash or in kind or both
to the victims of atrocity, their family members and dependents according to the
scale as provided in Annexure-I read with Annexure-II of the Scheduled annexed
to these rules. Thus, the relief in cash can be provided to the victims of atrocities
or their family members.
10. As per section 2(1)(a) of the Act of 1989, "atrocity" means an offence
punishable under section 3 and, as per section (ec), "victim" means any individual
who falls within the definition of "Scheduled Castes and Scheduled Tribes" under
clause (c) of sub-section (1) of section 2, and who has suffered or experienced
physical, mental, psychological, emotional or monetary harm or harm to his
property as a result of the commission of any offence under this Act and includes
his relatives, legal guardian and legal heirs.
11. Therefore, a person who has suffered physical, mental, psychological,
emotional or monetary harm or harm to his property as a result of the commission
of any offence under this Act, shall be treated as a victim. In order to claim
compensation under Rule 12(4) of the Rules of 1995, the claimant has to prove
that he was a victim of an offence. In the present case, the brother of appellant had
committed suicide and, accordingly offence under section 306, IPC was
Signature Not Verified
Signed by: ANAND
SHRIVASTAVA
Signing time: 09-09-2026
11:36:41

NEUTRAL CITATION NO. 2026:MPHC-GWL:26751
5 WA-2947-2026
registered. However, learned Single Judge, by order dated 4/1/2023 passed in

M.Cr.C. No.7331/2022 has quashed the FIR on the ground that even if the entire
allegations are accepted, still no offence under section 306, IPC would be made
out. Since appellant has failed to prove that he was a victim having suffered or
experienced physical, mental, psychological, emotional or monetary harm or harm
to his property as a result of commission of any offence, accordingly learned
Single Judge did not commit any mistake by dismissing the writ petition filed by
appellant.
12. Accordingly, appeal fails and is, hereby, dismissed.
(G. S. AHLUWALIA)
(ANURADHA SHUKLA)
JUDGE
JUDGE
(and)

Signature Not Verified
Signed by: ANAND
SHRIVASTAVA
Signing time: 09-09-2026
11:36:41